Legal Question in Family Law in Michigan
Custody
I have a friend who just split up with his wife. When he left, his wife told him to take their 2 month old daughter with him. He has done so. Can he get in any trouble for doing this? There is no legal separation and no divorce filed; this just happened yesterday.
1 Answer from Attorneys
Re: Custody
No, he cannot get in trouble for that, he has as much right to the child as she does. Certainly, if the wife decides she wants custody later she might claim she didn't let him take the child, but otherwise, either parent has the right to have custody of the child. Your friend should get a divorce filed as soon as possible and do a motion for temporary custody as soon as possible. I would recommend that he consult an attorney about his divorce as if anything winds up being contested, he'll want to make sure everything is done properly.